McPhaul v. United States

Background

A man the House committee believed was the Executive Secretary of the Civil Rights Congress was subpoenaed in Detroit in February 1952 to produce the group's records about organization, affiliations, and money, and to testify. He appeared with counsel, invoked the Fifth Amendment (the right not to incriminate yourself), and refused to turn over the records. The House certified the matter for criminal contempt and he was tried, convicted, fined, and sentenced.

Reasoning

The core question was whether the trial evidence showed the subpoenaed records existed, were under his control, and were relevant to the committee’s inquiry. The Court said the committee had a reasonable basis to believe he could produce the records and that his failure to explain that inability shifted the burden to him. The Court also held that records kept in a representative role are not protected by the personal Fifth Amendment privilege, and that the subpoena’s scope was reasonably related to the investigation, so the conviction was affirmed.

Real world impact

The decision means people who hold or control an organization’s records can face criminal penalties if they refuse to produce them to Congress without explaining their inability. It narrows the protection of the Fifth Amendment for records held in a representative capacity and treats refusal to explain as a factual gap the defendant must fill.

Dissents or concurrances

A dissent argued the prosecution never proved the witness was an officer or had custody of the records, warned that the ruling shifts the burden unfairly onto the defendant, and said conviction without that basic proof threatens the presumption of innocence.